J v. Ex Rel. Levine v. Barron

The issue in this case is whether a circuit court judge may refuse on the basis of comity to sign a writ of habeas corpus in a child custody dispute.

On April 24, 1980, the Honorable William D. Gardner ordered J.Y., a two and one-half year old minor at the time, placed into foster care custody pursuant to sec. 48.19(1) (c), Stats. 1 The emergency order was based upon allegations that J.V. was a victim of child abuse. 2 It appears from the record and oral argument that J.Y. had not actually been residing with his mother since October 12, 1979. The record does not indicate why the emergency…